April 22, 2019

If regular, consistent attendance is an essential function of an employee’s role, be sure that you are clearly indicating how and why that regular attendance is so important.  This is crucially important for a number reasons, but chief among them is when an employee requests leave as a reasonable accommodation under the Americans with Disabilities Act.  If an employee requests an accommodation of intermittent, unpaid leave under the ADA, but an employer has a clearly defined job description citing regular attendance as a major part of that employee’s job, it may be possible for an employer to deny that request.  Remember, though, it is always wise to engage in the interactive process to find another accommodation that may allow the employee to continue meeting the expectations of their role.  For help deciphering the ADA, the interactive process, or possible accommodations, consult one of our knowledgeable attorneys today.

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